Bulger evidence claim ‘ridiculous,’ feds say

Laurel J. SweetFriday, April 26, 2013

Federal prosecutors are firing back at a claim by James “Whitey” Bulger’s attorneys that “an absolute wall of separation” exists between U.S. Attorney Carmen Ortiz’s office and the Department of Justice that is costing the defense access to evidence critical to their trial strategy.

“This is a ridiculous claim in light of the mountain of discovery produced in this case. The government, of course, does not have an obligation to find evidence of something that does not exist,” Assistant U.S. Attorneys Brian Kelly, Fred Wyshak Jr. and Zachary Hafer said in a document filed yesterday.

U.S. District Court Judge Denise J. Casper has scheduled a hearing today to revisit the accused killer’s claim that he’s had government-sanctioned immunity from prosecution for decades. At the same proceeding, Casper will entertain the defense team’s request that she compel the DOJ to turn over material attorneys J.W. Carney Jr. and Hank Brennan insist they’ve been denied.

Prosecutors yesterday asked Casper to deny Carney and Brennan the hearing on discovery.

They also accused Bulger, the 83-year-old alleged murderer of 19, of pretending he was never an FBI informant and faking possession of a license to kill.

“Bulger continues to pretend he was not an informant. Bulger further pretends that he somehow obtained full immunity from the federal government in exchange for apparently doing nothing,” their filing states.

They also accused an unnamed defense investigator of telling the ex-wife and sons of Bulger lieutenant Kevin Weeks that Weeks was “a liar” after the family refused to speak with the investigator.

“This is both unprofessional and inappropriate,” prosecutors said, “and the government would respectfully request that all such misconduct by the defense investigator cease immediately.”